Gilham v Ministry of Justice: Court of Appeal Rules That Judges Are Not ‘Workers’ – Old Square Chambers

Posted January 9th, 2018 in appeals, employment, human rights, judges, judiciary, news, whistleblowers by sally

‘In this important recent judgment, the Court of Appeal unanimously held that judges are not “workers” within the meaning of section 230(3) of the Employment Rights Act 1996, and therefore are not entitled to protection from whistleblowing under the provisions of that Act. The Court of Appeal also held that the absence of a remedy for whistleblowing under the 1996 Act did not amount to a breach of a judge’s rights under Article 10 or Article 14 ECHR.’

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Old Square Chambers, 3rd January 2018

Source: www.oldsquare.co.uk

MoJ spending huge sums on consultants to help deliver digital courts – The Guardian

Posted January 4th, 2018 in contracting out, courts, internet, judiciary, Ministry of Justice, news by sally

‘The Ministry of Justice is spending tens of millions of pounds on management consultants to help deliver online and digital court programmes that are designed to save money and improve access to justice.’

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The Guardian, 2nd January 2018

Source: www.theguardian.com

Missed opportunities over Lammy Review: Bar Council responds on judicial diversity – The Bar Council

Posted December 20th, 2017 in diversity, judiciary, minorities, press releases, reports by tracey

‘Whilst encouraged by the Government’s response to many of the recommendations in the Lammy Review, the Bar Council today expressed disappointment that key opportunities to address diversity in the judiciary have been missed.’

Full press release

The Bar Council, 19th December 2017

Source: www.barcouncil.org.uk

Lammy review: MoJ rejects judicial diversity targets, cautious on choice of duty solicitor – Legal Futures

Posted December 20th, 2017 in diversity, judiciary, legal representation, minorities, news, solicitors by sally

‘The Ministry of Justice (MoJ) has rejected the idea of diversity targets for the judiciary and magistracy in its response to the Lammy review of the treatment of black and minority ethnic (BAME) people in the criminal justice system.’

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Legal Futures, 19th December 2017

Source: www.legalfutures.co.uk

Three judges sue Ministry of Justice for race discrimination – The Guardian

‘Three judges from black and Asian backgrounds are suing the Ministry of Justice for race discrimination and victimisation, the Guardian has learned.’

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The Guardian, 19th December 2017

Source: www.theguardian.com

‘Race bias’ in justice system: Government to unveil action – BBC News

Posted December 19th, 2017 in criminal justice, diversity, equality, judiciary, news, racism, reports by sally

‘The justice secretary has pledged to implement a “key principle” of “change or explain” when racial discrimination is found in the justice system.’

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BBC News, 19th December 2017

Source: www.bbc.co.uk

Supreme court vacancies lead to hopes for greater diversity – The Guardian

Posted December 14th, 2017 in diversity, judiciary, news, Supreme Court by sally

‘The supreme court has advertised for several more justices in a recruitment process that could boost diversity on the UK’s highest court.’

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The Guardian, 14th December 2017

Source: www.theguardian.com

Government fights back in judges’ pension row – Law Society’s Gazette

Posted December 12th, 2017 in appeals, employment tribunals, judiciary, news, pensions by sally

‘The Employment Appeal Tribunal has begun hearing the government’s challenge to a ruling that its transitional pension arrangements for 210 judges amount to unlawful age discrimination.’

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Law Society's Gazette, 11th December 2017

Source: www.lawgazette.co.uk

Judicial Authorisation of Deprivation of Liberty – 39 Essex Chambers

‘A procedure has been established by the courts to enable the authorisation of the deprivation of liberty of an individual over the age of 16 who lacks capacity to consent to their confinement. This procedure, usually called the Re X procedure after the decision of Re X and others (Deprivation of Liberty) [2014] EWCOP 25 (and No 2 [2014] EWCOP 37), can be used in any setting where the DOLS authorisation procedure in Schedule A1 to the MCA 2005 cannot be used, and also where the person is between the age of 16 and 18.’

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39 Essex Chambers, December 2017

Source: www.39essex.com

Atkin Lecture by Lord Justice Beatson – Judicial Independence: Internal and External Challenges and Opportunities – Courts and Tribunals Judiciary

Posted December 5th, 2017 in judiciary, speeches by tracey

‘Atkin Lecture by Lord Justice Beatson – Judicial Independence: Internal and External Challenges and Opportunities.’

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Courts and Tribunals Judiciary, 1st December 2017

Source: www.judiciary.org.uk

Law Pod UK Ep 18: Do Judge Led Inquiries work? – 1 COR

Posted November 28th, 2017 in inquiries, judges, judiciary, news by sally

‘With ongoing public inquiries into tainted blood and historic child sexual abuse, Matt Hill and Gideon Barth discuss the effectiveness of judge led inquiries with Rosalind English.’

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Law Pod UK, 27th November 2017

Source: audioboom.com

UK judges to get scientific guides – BBC News

Posted November 22nd, 2017 in DNA, documents, evidence, judges, judiciary, news, statistics by sally

‘A UK Supreme Court judge has launched the first of a series of scientific guides for the judiciary.’

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BBC News, 22nd November 2017

Source: www.bbc.co.uk

Judges under ‘intolerable pressure’ from social media, says new Lord Chief Justice – Daily Telegraph

Posted November 22nd, 2017 in internet, judges, judiciary, news, rule of law by sally

‘Judges are being put under “intolerable pressure” by social media users who criticise their decisions, the Lord Chief Justice has said.’

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Daily Telegraph, 21st November 2017

Source: www.telegraph.co.uk

Rule of law in UK at risk after Brexit, says former supreme court president – The Guardian

‘The legal implications of leaving the EU have not been thought through, could overwhelm the supreme court and endanger the independence of the British judiciary, four senior retired judges have warned.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Independence and public inquiries – why you need it and how you can lose it – UK Human Rights Blog

Posted November 10th, 2017 in inquiries, judiciary, news by tracey

‘There is a scene in “Yes Minister” in which the beleaguered Jim Hacker is contemplating a public inquiry into the latest failing of his department. He warily suggests to his Permanent Secretary, Sir Humphrey Appleby, that perhaps the judge chairing the inquiry could be leant on to come up with a favourable outcome. Sir Humphrey is outraged at this violation of the separation of powers. Surely the Minister wasn’t serious? After all, wouldn’t it be better to appoint a judge who didn’t need to be leant on in the first place?
Jim Duffy’s recent post on the Contaminated Blood Inquiry – and the importance of an inquiry being independent and being seen to be independent – brought this encounter to mind. The ever more frequent calls for a “judge-led inquiry” must be a source of both pride and concern to the judiciary. Pride as “judge-led” is a synonym for a forensic, thorough and above all independent tribunal to assess the matter in question. We will come to the concern later.

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UK Human Rights Blog, 9th November 2017

Source: ukhumanrightsblog.com

Peers warn of low morale in judiciary and call for greater diversity – The Guardian

Posted November 3rd, 2017 in diversity, judiciary, news, pensions, remuneration, select committees by tracey

‘The dilapidated state of some courts, a shortage of support staff and heavy administrative burdens are depressing the judiciary’s morale, a parliamentary report has warned.’

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The Guardian, 2nd November 2017

Source: www.theguardian.com

Judiciary needs a pay rise – says senior judge on £200k salary – Daily Telegraph

Posted November 3rd, 2017 in judiciary, news, pensions, remuneration by tracey

‘The judiciary needs a pay rise, a senior judge paid more than £200,000 a year has said. Lord Justice Gross, who sits in the Court of Appeal, made the comments in a speech to the Institute of Maritime Law on Wednesday. He said: “No one goes into the Judiciary to make money. But there comes a point when pay is so far out of line with the private sector market that it endangers recruitment – of the very best – and retention. There is a danger in relying unduly on goodwill.”‘

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Daily Telegraph, 2nd November 2017

Source: www.telegraph.co.uk

Lord Reed at the Centre for Private Law, University of Edinburgh – Supreme Court

Posted November 2nd, 2017 in foreign jurisdictions, judges, judiciary, speeches, Supreme Court by tracey

‘Lord Reed at the Centre for Private Law, University of Edinburgh: Comparative Law in the Supreme Court of the United Kingdom, 13 October 2017.’

Full speech

Supreme Court, 13th October 2017

Source: www.supremecourt.uk

Employment tribunals missing targets and haemorrhaging judges – Law Society’s Gazette

Posted October 20th, 2017 in employment tribunals, fees, judiciary, news, repayment by sally

‘Employment tribunals are failing to hit basic targets and judges are departing without being replaced, users have revealed. Minutes of the National User Group Meeting on employment tribunals report that tribunals are falling short of targets for completing and disposing of claims.’

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Law Society's Gazette, 19th October 2017

Source: www.lawgazette.co.uk

Hodge urges judges and lawyers to improve “scientific literacy” to understand expert evidence – Litigation Futures

Posted October 20th, 2017 in evidence, expert witnesses, judges, judiciary, legal profession, news by sally

‘A Supreme Court justice has called for judges and lawyers to improve their “scientific literacy” to ensure they did their job effectively in cases involving expert evidence.’

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Litigation Futures, 19th October 2017

Source: www.litigationfutures.com